Hebert v. City of Baton Rouge et al

Filing 367

RULING Adopting the 318 Report and Recommendation of the U.S. Magistrate Judge. The defendants' 291 Motion for Summary Judgmentis GRANTED, and the plaintiff's claims against the City of Baton Rouge and the Parish of East Baton Rouge are dismissed, without prejudice. Signed by Judge John W. deGravelles on 9/19/2018. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

MICHAEL HEBERT (#263630)
CIVIL ACTION
VERSUS
NO. 15-850-JWD-RLB
CITY OF BATON ROUGE, ET AL.
RULING
On June 6, 2018, the Magistrate Judge issued a Report and Recommendation (R. Doc.
318) recommending that the Motion for Summary Judgment filed on behalf of defendants
City of Baton Rouge and Parish of East Baton Rouge be granted, and the plaintiff’s claims
against these defendants be dismissed without prejudice for failure to exhaust his
administrative remedies. On or about June 12, 2018, the plaintiff filed a Traverse and
Opposition/Objection (R. Doc. 322) to the Report and Recommendation, and alleged therein
that he never received a copy of the Motion for Summary Judgment. After determining the
plaintiff’s allegation to be true, the Court ordered the Clerk of Court to forward a copy of the
Motion to the plaintiff and the plaintiff was given 21 days to file an opposition. See R. Doc.
344. On or about July 30, 2018, the plaintiff filed his Opposition. See R. Doc. 353.
In opposition to the defendants’ Motion for Summary Judgment, the plaintiff asserts
that he attempted to exhaust his administrative remedies after he was transferred to Louisiana
State Penitentiary where he was housed when he first gained knowledge of his claims against
the defendants. As noted by the Magistrate Judge, the plaintiff’s ARP (“LSP-2015-2498)
contains complaints of negligence and gross negligence on the parts of Pine Prairie
Correctional Center, LCS Corporation, the East Baton Rouge Parish Prison, and Sid

Gautreaux. The plaintiff has not identified any ARP where his claims against the defendants
were addressed prior to the filing of his Complaint, and the Court has not located any such
ARP in the record.
Having considered the plaintiff’s Opposition and the entire record in this case, for the
reasons set forth in the Magistrate Judge’s Report dated June 6, 2018 (R. Doc. 318):
IT IS ORDERED that the defendants’ Motion for Summary Judgment (R. Doc. 291)
is granted, and the plaintiff’s claims against the City of Baton Rouge and the Parish of East
Baton Rouge are dismissed, without prejudice.
Signed in Baton Rouge, Louisiana, on September 19, 2018.

S

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA